The making of South African legal culture, 1902-1936 : fear, favour, and prejudice
Type
Book
Authors
ISBN 10
0521791561
ISBN 13
9780521791564
DDC
349.68
Category
Other Jurisdictions
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Publication Year
2001
Publisher
Pages
xv, 571 pages
Subject
South Africa
Tags
Abstract
"The development of the South African legal system in the early twentieth century was crucial to the establishment and maintenance of the systems which underpinned the racist state, including control of the population, the running of the economy, and the legitimisation of the regime. Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions. His revisionist analysis of the construction of South African legal culture illustrates the larger processes of legal colonisation, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalisation."--BOOK JACKET.
Description
Content:
Part I. Puzzles, Paradigms and Problems: 1. Four stories ; 2. Introduction: legal culture, state-making and colonialism -- Part II. Law and Order: 3. Police and policing ; 4. Criminology ; 5. Prisons and penology ; 6. Criminal law ; 7. Criminalising political opposition -- Part III. South African Common Law A: 8. Roman-Dutch law ; 9. Marriage and race ; 10. The legal profession -- Part IV. South African Common Law B: 11. Creating the discourse: customary law and colonial rule in 19th century South Africa ; 12. After union: the segregationist tide ; 13. The Native Appeal Courts and customary law ; 14. Customary law, courts and code after 1927 -- Part V. Law and Government: 15. Land 16. Law and labour ; 17. The new province for law and order: struggles on the racial frontier ; 18. A rule of law -- Part VI. Consideration: 19. Reconstructing the state: legal formalism, democracy and a post-colonial rule of law.
Part I. Puzzles, Paradigms and Problems: 1. Four stories ; 2. Introduction: legal culture, state-making and colonialism -- Part II. Law and Order: 3. Police and policing ; 4. Criminology ; 5. Prisons and penology ; 6. Criminal law ; 7. Criminalising political opposition -- Part III. South African Common Law A: 8. Roman-Dutch law ; 9. Marriage and race ; 10. The legal profession -- Part IV. South African Common Law B: 11. Creating the discourse: customary law and colonial rule in 19th century South Africa ; 12. After union: the segregationist tide ; 13. The Native Appeal Courts and customary law ; 14. Customary law, courts and code after 1927 -- Part V. Law and Government: 15. Land 16. Law and labour ; 17. The new province for law and order: struggles on the racial frontier ; 18. A rule of law -- Part VI. Consideration: 19. Reconstructing the state: legal formalism, democracy and a post-colonial rule of law.
Biblio Notes
Includes bibliographical references (pages 539-554) and indexes.
Number of Copies
1
